MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D), this
Memorandum Decision shall not be
regarded as precedent or cited before any Nov 09 2015, 6:17 am
court except for the purpose of establishing
the defense of res judicata, collateral
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Kristin A. Mulholland Gregory F. Zoeller
Appellate Public Defender Attorney General of Indiana
Crown Point, Indiana
Christina D. Pace
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Nicholas William Laskarin, November 9, 2015
Appellant-Defendant, Court of Appeals Case No.
45A03-1504-CR-143
v. Appeal from the Lake Superior
Court
State of Indiana, The Honorable Salvador
Appellee-Plaintiff. Vasquez, Judge
Trial Court Cause Nos.
45G01-1407-F3-1
45G01-1410-F3-14
Brown, Judge.
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[1] Nicholas William Laskarin appeals his sentence for armed robbery and robbery
as level 3 felonies. Laskarin raises one issue which we revise and restate as
whether his sentence is inappropriate in light of the nature of the offenses and
the character of the offender. We affirm.
Facts and Procedural History
[2] On July 7, 2014, Juan Barrientos went to a bank in Hammond, Lake County,
Indiana, to withdraw money from an ATM. Soon after withdrawing $200,
Barrientos was confronted by Laskarin, who pulled a gun and pointed it toward
Barrientos’s face and demanded that Barrientos give him money. Barrientos
complied with Laskarin’s demand because he was in fear for his life.
[3] On July 8, 2014, Laskarin entered a White Castle in Hammond, Lake County,
Indiana, and while armed with a silver handgun demanded that Megan Rogers
give him all the cash from the registers. Rogers gave Laskarin the money
because she was in fear for her life.
[4] On July 12, 2014, the State charged Laskarin with two counts of armed robbery
as level 3 felonies, one of which pertained to the robbery of Rogers while armed
with a firearm, under cause number 45G01-1407-F3-1 (“Cause No. 1”).1 On
October 24, 2014, the State charged Laskarin with the robbery of Barrientos as
a level 3 felony under cause number 45G01-1410-F3-14 (“Cause No. 14”). The
1
The other count alleged that Laskarin committed an armed robbery of Terri Sims on or about July 8,
2014.
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State also charged Laskarin with attempted armed robbery as a level 3 felony
under cause number 45G01-1410-F3-15 (“Cause No. 15”).2
[5] Laskarin and the State entered into a Stipulated Plea and Agreement, a copy of
which was filed with the court on February 19, 2015, pursuant to which
Laskarin agreed to plead guilty to the charges of the armed robbery of Rogers as
a level 3 felony under Cause No. 1 and the robbery of Barrientos as a level 3
felony under Cause No. 14, the State agreed to dismiss the remaining charge
under Cause No. 1 and the charge under Cause No. 15, and the parties agreed
that there would be a cap of seven years as to the sentence imposed for each
count with the sentences to be served consecutively. A stipulated factual basis
was attached to the plea agreement. The same day the court held a plea
hearing, and Laskarin pled guilty pursuant to the agreement.
[6] On March 19, 2015, the court held a sentencing hearing during which
Laskarin’s counsel noted that the presentence investigation report (“PSI”)
stated that Laskarin has never had a problem with drugs, but that in fact he
does have a significant problem with prescription drugs. Laskarin’s girlfriend
testified that she had been with him for about a year, that most of his problems
stem from his alcohol addiction, and that he was about to be enrolled in a Fresh
Start program when he was arrested. She testified that Laskarin has two
children, ages three and six, and that he had custody of his six-year-old child.
2
The record does not include the charging information under Cause No. 15.
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When asked if anything significant happened in his life which may have
contributed to his relationship with alcohol, she stated that he lost his first
child’s mother, that his mother committed suicide, and that he recently went
through a somewhat bitter divorce from his second child’s mother. When
asked to explain his substance abuse issues, she testified that Laskarin had an
injury while working construction, that he had been prescribed Vicodin and
Xanax, and that he began abusing his medication.
[7] Rogers testified that she has had many anxiety attacks due to the armed
robbery, she had just turned eighteen years old at the time of the offense, she
does not like to be out anymore, Laskarin’s actions changed her life, she dreams
about the incident, and that it was something she will never forget. The
prosecutor read a statement submitted by Barrientos in which he said that
Laskarin pointed a gun at his head, he started feeling anxious a few days after
the attack, he had to make an appointment with his doctor, he believes that if
Laskarin is free he will keep doing the same thing to other people, and that he
believes Laskarin does not care about the lives of others.
[8] Laskarin’s counsel requested the court to consider a five-year sentence on each
count to be split between the Department of Correction (“DOC”) and
community corrections. The prosecutor requested the court sentence Laskarin
to six years on each count to be served in the DOC.
[9] The court asked Laskarin if he wished to make a statement on his own behalf,
and Laskarin stated that he would like to apologize to the victim personally, to
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his family for placing the burden on his father for having to raise his child
during his incarceration, and to the courts for wasting time on him.
[10] The court noted the impact of the crimes on the victims, that Laskarin had prior
felony convictions and pending felony charges, and that he received a favorable
plea agreement in light of the maximum possible sentences. The court stated
“you may have a drug habit but you failed to take advantage of program or
opportunity where people try to help you out, yet you come in here saying well,
the presentence report’s incorrect.” Sentencing Transcript at 23. The court also
said that it thought Laskarin had a significant alcohol problem but not so much
that he should be placed in community corrections for two armed robberies,
and noted that alternative placement was not appropriate as he had prior felony
convictions and pending felony charges and was on probation.
[11] With respect to mitigating circumstances, the court found that Laskarin pled
guilty and admitted responsibility and that minimal weight was given to this
factor since other robbery charges were dismissed as a result of the plea
agreement. With respect to aggravating circumstances, the court found that
Laskarin was on probation at the time the offenses occurred, that Laskarin has
a history of criminal convictions which included felony convictions, and that
Laskarin has many open cases. The court sentenced Laskarin to five years in
the DOC for each of his convictions and ordered that the sentences be served
consecutively for an aggregate sentence of ten years in the DOC, with a
recommendation that he be placed in a therapeutic community.
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Discussion
[12] The issue is whether Laskarin’s sentence is inappropriate in light of the nature
of the offenses and the character of the offender. Indiana Appellate Rule 7(B)
provides that this court “may revise a sentence authorized by statute if, after
due consideration of the trial court’s decision, [we find] that the sentence is
inappropriate in light of the nature of the offense and the character of the
offender.” Under this rule, the burden is on the defendant to persuade the
appellate court that his or her sentence is inappropriate. Childress v. State, 848
N.E.2d 1073, 1080 (Ind. 2006).
[13] Laskarin’s arguments with respect to his character are that he is a single father
of a six-year-old child, his child’s mother passed away as a result of an
overdose, he lost his mother to suicide, he expressed remorse and apologized,
and he has been employed in construction and upon release will be able to
obtain employment as a laborer for a construction company. He states that he
has some substance abuse issues which led to previous contacts with the
criminal justice system, for the most part his prior convictions and pending
cases are for alcohol-related traffic offenses, he has admitted to a problem with
prescription drugs that arose from treatment for work injuries, and that he had
scheduled an appointment with Fresh Start for treatment but was unable to
attend because he was arrested. With respect to the nature of the offenses,
Laskarin argues that he did not fire the weapon and did not physically harm the
individuals. He requests this court to reduce his sentence or order that his
sentence be split and a portion be served in a community transition program.
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[14] The State notes that the sentencing parameters for a level 3 felony are three to
sixteen years with an advisory sentence of nine years, that the plea agreement
capped Laskarin’s sentence at seven years on each count, and that the ten-year
sentence is four years below the maximum under the agreement. The State also
points to his lengthy criminal history and pending charges.
[15] Our review of the nature of the offenses reveal that in July 2014 Laskarin
confronted Barrientos after he withdrew money from an ATM, pointed a gun at
his face, and demanded money, and that Barrientos complied because he was in
fear for his life. The next day and while armed with a handgun, Laskarin
demanded that Rogers give him all the cash from the registers at a White
Castle, and Rogers complied because she was in fear for her life. Rogers
testified that the robbery changed her life, that she dreams about the incident
and it is something she will never forget, and that she has had many anxiety
attacks due to Laskarin’s actions. Barrientos has also been seriously impacted.
[16] Our review of the character of the offender reveals that, according to the PSI,
Laskarin’s juvenile history included charges for operating while intoxicated
endangering a person, illegal consumption of alcohol, and knowingly or
intentionally operating a motor vehicle without ever receiving a license.
Laskarin’s convictions as an adult include reckless driving in 2008; operating
while intoxicated in 2011; domestic battery in 2011; no license in possession in
2012; and operating vehicle while intoxicated with passenger under eighteen
years of age as a class D felony in 2013. Laskarin had pending charges under
several cause numbers, including charges for operating a vehicle while
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intoxicated, domestic battery as a class D felony, interference with reporting a
crime as a class A misdemeanor, failure to return to the scene of an accident
resulting in damage, and disorderly conduct, and was on probation at the time
of the offenses.
[17] The PSI notes Laskarin’s report that his mother committed suicide in 2012, that
his wife was twice the victim of his domestic batteries, he reported that he is
able to obtain employment as a laborer for a construction company, he had
scheduled an appointment with Fresh Start for an assessment but did not have
the necessary funds, and that he first consumed alcohol at age sixteen and by
age twenty-five would consume alcohol to the point of intoxication about three
times per week. The court heard testimony from Laskarin’s girlfriend regarding
his alcohol and drug use and his children and family, and heard his apology.
The sentencing transcript reveals that the trial court took into consideration
Laskarin’s alcohol and drug use, his criminal history and pending charges, the
favorable terms of his plea agreement, and the nature of the robbery offenses.
[18] After due consideration, we conclude that Laskarin has not sustained his
burden of establishing that his aggregate sentence of ten years to be served in
the DOC is inappropriate in light of the nature of the offenses and his character.
Conclusion
[19] For the foregoing reasons, we affirm Laskarin’s aggregate sentence of ten years
for armed robbery and robbery as level 3 felonies.
[20] Affirmed.
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Riley, J., and Altice, J., concur.
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